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Old 02-05-2009, 07:39 PM
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line question


What is the name of your state (only U.S. law)? ca

I have a condo located in the middle of three vertical units. We had to have the main sewer line hydro-jet cleaned for blockage coming back up into the bottom unit below me. The bottom unit and I paid for this with the top unit refusing to contribute.

The top unit is likely responsible for flushing unsuitable items, they are also talking about letting the unit go back to the bank.

The association said that nay unit connected to that main line should share in this cost, as I did for relief of the bottom condo.

As the upper owner won’t co-operate, I’d like to put a lien on that property.

Would I need to obtain a judgement first in small claims, or can I simply file a mechanics in for this service they benefited from. If left undone, it would eventually back up into the top unit.
  #2  
Old 02-06-2009, 08:18 AM
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Posts: 8,280
You can't file a mechanics lien. That's for the guy who provided the service if he didn't get paid. You'll need to sue them (small claims if necessary). If foreclosure is imminent, you're not likely to get anything, the bank and the HOA probably have priority over your claim.
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Old 02-06-2009, 11:50 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by mark d. View Post
What is the name of your state (only U.S. law)? ca

I have a condo located in the middle of three vertical units. We had to have the main sewer line hydro-jet cleaned for blockage coming back up into the bottom unit below me. The bottom unit and I paid for this with the top unit refusing to contribute.

The top unit is likely responsible for flushing unsuitable items, they are also talking about letting the unit go back to the bank.

The association said that nay unit connected to that main line should share in this cost, as I did for relief of the bottom condo.

As the upper owner won’t co-operate, I’d like to put a lien on that property.

Would I need to obtain a judgement first in small claims, or can I simply file a mechanics in for this service they benefited from. If left undone, it would eventually back up into the top unit.
**A: you have no lien rights but could sue the owner and the HOA.
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